TERMS
& CONDITIONS
Date of Last Revision: April
1st, 2007
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING
OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
DESCRIBED HEREIN AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED
BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT
USE THIS WEB SITE.
These terms and conditions of use ("Site Terms") apply
exclusively to your access to, and use of, the Web site of ShaVis.com,
inc. ("ShaVis
"), located at www.ShaVis.com (the "Site"). These
Site Terms do not alter in any way the terms or conditions of any
other agreement you may have with ShaVis
, or its subsidiaries or affiliates, for products, services or otherwise.
ShaVis reserves the
right to change or modify any of the terms and conditions contained
in the Site Terms or any policy or guideline of the Site, at any
time and in its sole discretion. Any changes or modification will
be effective immediately upon posting of the revisions on the Site.
Your continued use of this Site following the posting of its changes
or modifications will constitute your acceptance of such changes
or modifications. Therefore, you should frequently review the Site
Terms and applicable policies from time-to-time to understand the
terms and conditions that apply to your use of the Site. If you
do not agree to the amended terms, you must stop using the Site.
1. Privacy Policy
ShaVis believes strongly
in protecting user privacy. Please refer to our Privacy
Policy for information on how ShaVis
collects, uses and discloses personally identifiable information
from its users.
2. Copyright and Limited License
Unless otherwise indicated, the Site name, the ShaVis
logo, and all designs, graphics, pictures, and the selection and
arrangement thereof (collectively, the "Materials") are
the proprietary property of ShaVis
or its licensors or users and are protected by italian and international
copyright laws.
All textual contents of the Site are copyleft,
free of use and re-use, in any way.
You are granted a limited, non-sublicensable license to access
and use the Site and print to hard copy the Materials for your informational,
non-commercial and personal use only. Such license is subject to
these Site Terms and does not include: (a)
any resale or commercial use of the Site or the Materials therein;
(b) the distribution,
public performance or public display of any Materials, (c)
modifying or otherwise making any derivative uses of the Site and
the Materials, or any portion thereof; (d)
use of any data mining, robots or similar data gathering or extraction
methods; (e) downloading
(other than the page caching) of any portion of the Site, the Materials
or any information contained therein, except as expressly permitted
on the Site; or (f)
any use of the Site or the Materials other than for its intended
purpose. Any use of the Site or the Materials other than as specifically
authorized herein, without the prior written permission of ShaVis,
is strictly prohibited and will terminate the license granted herein.
3. Trademarks
The ShaVis name, the
ShaVis.com name, the
ShaVis logos and any
other product or service name or slogan contained in the Site are
trademarks of ShaVis
and its suppliers or licensors, and may not be copied, imitated
or used, in whole or in part, without the prior written permission
of ShaVis or the applicable
trademark holder. You may not use any metatags or any other "hidden
text" utilizing "ShaVis"
or any other name, trademark or product or service name of ShaVis
without our prior written permission. In addition, the look and
feel of the Site, including all page headers, custom graphics, button
icons and scripts, is the service mark, trademark and/or trade dress
of ShaVis and may
not be copied, imitated or used, in whole or in part, without our
prior written permission. All other trademarks, registered trademarks,
product names and ShaVis
names or logos mentioned in the Site are the property of their respective
owners. Reference to any products, services, processes or other
information, by trade name, trademark, manufacturer, supplier or
otherwise does not constitute or imply endorsement, sponsorship
or recommendation thereof by us.
4. Hyperlinks
You are granted a limited, non-exclusive right to create a text
hyperlink to the Site for noncommercial purposes, provided such
link does not portray ShaVis
or any of its products and services in a false, misleading, derogatory
or otherwise defamatory manner and provided further that the linking
site does not contain any adult or illegal material or any material
that is offensive, harassing or otherwise objectionable. This limited
right may be revoked at any time. You may not use a ShaVis
logo or other proprietary graphic of ShaVis
to link to this Site without the express written permission of ShaVis
. Further, you may not use, frame or utilize framing techniques
to enclose any ShaVis
trademark, logo or other proprietary information, including the
images found at the Site, the content of any text or the layout/design
of any page or form contained on a page on the Site without ShaVis
's express written consent. Except as noted above, you are not conveyed
any right or license by implication, estoppel or otherwise in or
under any patent, trademark, copyright or proprietary right of ShaVis
or any third party.
ShaVis makes no claim
or representation regarding, and accepts no responsibility for,
the quality, content, nature or reliability of third-party Web sites
accessible by hyperlink from the Site, or Web sites linking to the
Site. Such sites are not under the control of ShaVis
and ShaVis is not
responsible for the contents of any linked site or any link contained
in a linked site, or any review, changes or updates to such sites.
ShaVis provides these
links to you only as a convenience, and the inclusion of any link
does not imply affiliation, endorsement or adoption by ShaVis
of any site or any information contained therein. When you leave
the Site, you should be aware that our terms and policies no longer
govern. You should review the applicable terms and policies, including
privacy and data gathering practices, of any site to which you navigate
from the Site.
5. Third Party Content
ShaVis may provide
links to Web pages and content of third parties ("Third Party
Content") as a service to those interested in this information.
ShaVis does not monitor
or have any control over any Third Party Content or third party
Web sites. ShaVis
does not endorse or adopt any Third Party Content and can make no
guarantee as to its accuracy or completeness. ShaVis
does not represent or warrant the accuracy of any information contained
therein and undertakes no responsibility to update or review any
Third Party Content. Users use these links and Third Party Content
contained therein at their own risk.
6. Indemnification
You agree to defend, indemnify and hold harmless ShaVis,
its independent contractors, service providers and consultants,
and their respective directors, employees and agents, from and against
any claims, damages, costs, liabilities and expenses (including,
but not limited to, reasonable attorneys' fees) arising out of or
related to your use of or inability to use the Site, including without
limitation any actual or threatened suit, demand or claim made against
ShaVis and/or its
independent contractors, service providers, employees, directors
or consultants, arising out of or relating to your conduct, your
violation of these Site Terms or your violation of the rights of
any third party.
7. Limitation of Liability
IN NO EVENT SHALL VIDUALDIARY,
ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT,
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES
OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS
OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING
BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT
OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING
WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE
BY USER ON ANY INFORMATION OBTAINED FROM ShaVis,
OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION
OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION
OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING
FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR
UNAUTHORIZED ACCESS TO ShaVis'S
RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY
OF ShaVis, WHETHER
IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE,
PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER
THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED
ANY COMPENSATION YOU PAY, IF ANY, TO ShaVis
FOR ACCESS TO OR USE OF THE SITE.
8. Applicable Law
These Site Terms and your use of the Site shall be governed by and
construed in accordance with italian Law, without regard to its
conflict of law provisions to the contrary.
9. Termination
Notwithstanding any of these Site Terms, ShaVis
reserves the right, without notice and in its sole discretion, to
terminate your license to use the Site, and to block or prevent
future your access to and use of the Site.
10. Severability
If any provision of these Site Terms shall be deemed unlawful, void
or for any reason unenforceable, then that provision shall be deemed
severable from these Site Terms and shall not affect the validity
and enforceability of any remaining provisions.
11. Questions & Contact Information
Questions or comments about the Site may be directed to ShaVis
at the email address info(at)shavis(dot)com |
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